Discussion On Compensation And The Third Person Tort Liability Concurrence

There will be a concurrence of claims of worker’s compensation and infringementdamage compensation, when a labourer injured by a third party’s infringement, which isidentified as occupational injury at the same time. There is no related rules about how to dealwith such concurrence in the Regulation on Work Injur Insurance. Though the judicialinterpretation issued by suprem court and the Social Insurance Law all talk about this issue,they don’t reach a consensus. And there exists long controversy in theory circle about theissue aforesaid, in juridical practice, there also lots of cases which have similar details butdifferent judgments.This paper starts from a real case, combining details of the case with existing theories,comparing with the similar cases at the same time, aiming at reaching a conclusion aboutwhether the application of law in this case is reasonable. Besides introduction and concludingremarks, this paper includes three parts.In the first part, this paper brings out the focus of disputes by retrospecting of the caseaforesaid, that is, how to deal with the apply relationship when the claim of worker’scompensation and infringement damage compensation co-happen. when there doesn’t exist athird party in civil infringement, the employer shall undertake the responsibility ofcompensation, however, as it has a final conclusion about the relation between employer’sliablity and worker’s compensation, this paper will focus on the said issue.The second part shows related regulations of developed countries when dealing with theconcurrence, as well as some relevant rules in existing law, adminitrative law and judicialinterpretations of our country. At the same time selects some cases of different districts toreflect the discrepancy in legislation and judicial field, for the sake of paving below forsolutions, both in theoretical and practical level.The third part is the core part, it analyzes the theoretical modes of scholars first, thenmake a deep analysis of function, purpose, compensation items and amount of the two claimson that basis, thus on the purpose of protecting the labourer’s interests utmost and fully bringout the strength of the two claims, stating the best choice for system contrusction of our contry,that is, distinguish between supplement in entity and classification of regulation in procedure.To abide by the principle of distinguish the supplement in entity means distinguish the items of worker’s compensation and infringement compensation, it only allows the injured labourerget the highest compensation of similary items, and get both of peculiar ones. To take thepattern of classify regulation in procedure means regulate the claims that may occure inpractise to convenient judicial application. Finally the conclusion of the best choice in thisconcurrence, and shows the opinion about the disputed case according to the conclusion.